A defendant shall be punished by imprisonment for four months.

Punishment of the crime

[criminal power] On March 20, 2019, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Northern District Court for the crime of interference with business and completed the execution of the sentence on August 21, 2019 at the Seoul Eastern Detention Center.

【Criminal Facts】

피고인은 2019. 10. 28. 04:19경 서울 노원구 B에 있는 ‘C’ 음식점 앞 도로에서, 노원구청 관제센터로부터 피고인이 여성을 폭행한다는 112신고를 받고 출동한 서울노원경찰서 D지구대 소속 경위 E에게 “씨발놈들아, 대한민국 짭새 새끼들아”라고 욕설을 하여 위 E이 이를 제지하고 귀가할 것을 요구하자 “씨발놈아, 개새끼야”라고 욕설을 하며 E의 턱을 오른쪽 손목으로 1회 올려쳐 E을 폭행하였다.

Accordingly, the defendant interfered with the legitimate execution of duties of police officers concerning the handling of 112 reported cases.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (to hear statements by telephone in the circumstances of the victim);

1. Previous convictions: Criminal references, investigation reports (whether a repeated crime is committed during the period of repeated crime), the current status of personal confinement, and application of statutes of the judgment;

1. Article 136 (1) of the Criminal Act applicable to the crimes and Article 136 of the Election of Imprisonment;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended punishment according to the sentencing guidelines [decision of type] of the obstruction of performance of official duties or coercion of duties [Special Aggravation]: Where the degree of violence, intimidation, and deceptive scheme is minor, the element of aggravation: Reduction area of the same repeated offense [the area of recommendation and the scope of recommendation] mitigation area, and one month through eight months of imprisonment.

3. Determination of sentence: The Defendant, in April of the instant crime, led to the confession and reflect of the instant crime, and paid money as compensation for damage to an individual to the victimized police officer after the closing of the argument in the instant case; however, the nature of the instant crime may be deemed light in light of the method and consequence of the instant crime.